Report in

Ethics and Accountability in

Government

Article II (sEC 27-28)

&
article xi
OF THE 1987
CONSTITUTION

Rafael E Delicano
 Article II

SECTION 27

The State shall maintain honesty and integrity in the public service and
take positive and effective measures against graft and corruption.
 Article II

SECTION 28
The Subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full disclosure of all its transactions
involving public interest.
Accountability of Public Officers

SECTION 1

Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.
Accountability of Public Officers

SECTION 2
The President, the Vice-President, the Members of the Supreme Court,
the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by
law, but not by impeachment.
Accountability of Public Officers

SECTION 3
(1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a resolution of
endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall submit its report
to the House within sixty session days from such referral, together with
the corresponding resolution. The resolution shall be calendared for
consideration by the House within ten session days from receipt thereof.
Accountability of Public Officers

SECTION 3
(3) A vote of at least one-third of all the Members of the House shall be
necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The
vote of each Member shall be recorded.

(4) In case the verified complaint or resolution of impeachment is filed

by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
Accountability of Public Officers

SECTION 3
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.

(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on
oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all
the Members of the Senate.
Accountability of Public Officers

SECTION 3
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless
be liable and subject to prosecution, trial, and punishment according to
law.

(8) The Congress shall promulgate its rules on impeachment to

effectively carry out the purpose of this section.
Accountability of Public Officers

SECTION 4
The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter
may be provided by law.

SECTION 5
There is hereby created the independent Office of the Ombudsman,
composed of the Ombudsman to be known as Tanodbayan, one overall
Deputy and at least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military establishment may
likewise be appointed.
Accountability of Public Officers

SECTION 6
The officials and employees of the Office of the Ombudsman, other
than the Deputies, shall be appointed by the Ombudsman according to
the Civil Service Law.

SECTION 7
The existing Tanodbayan shall hereafter be known as the Office of the
Special Prosecutor. It shall continue to function and exercise its powers
as now or hereafter may be provided by law, except those conferred on
the Office of the Ombudsman created under this Constitution.
Accountability of Public Officers

SECTION 8
The Ombudsman and his Deputies shall be natural-born citizens of the
Philippines, and at the time of their appointment, at least forty years
old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective
office in the immediately preceding election. The Ombudsman must
have for ten years or more been a judge or engaged in the practice of
law in the Philippines.
During their tenure, they shall be subject to the same disqualifications
and prohibitions as provided for in Section 2 of Article IX-A of this
Constitution.
Accountability of Public Officers

SECTION 9
The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every vacancy thereafter.
Such appointments shall require no confirmation. All vacancies shall be
filled within three months after they occur.
Accountability of Public Officers

SECTION 10
The Ombudsman and his Deputies shall have the rank of Chairman and
Members, respectively, of the Constitutional Commissions, and they
shall receive the same salary, which shall not be decreased during their
term of office.

SECTION 11
The Ombudsman and his Deputies shall serve for a term of seven years
without reappointment. They shall not be qualified to run for any office in
the election immediately succeeding their cessation from office.
Accountability of Public Officers

SECTION 12
The Ombudsman and his Deputies, as protectors of the people, shall
act promptly on complaints filed in any form or manner against public
officials or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the complainants of
the action taken and the result thereof.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or

omission of any public official, employee, office or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:

(2) Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or
instrumentality thereof, as well as of any government-owned or
controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:

(3) Direct the officer concerned to take appropriate action against a

public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:

(4) Direct the officer concerned, in any appropriate case, and subject
to such limitations as may be provided by law, to furnish it with copies
of documents relating to contracts or transactions entered into by his
office involving the disbursement or use of public funds or properties,
and report any irregularity to the Commission on Audit for appropriate
action.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:

(5) Request any government agency for assistance and information

necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.

(6) Publicize matters covered by its investigation when circumstances so

warrant and with due prudence.
Accountability of Public Officers

SECTION 13
The Office of the Ombudsman shall have the following powers,
functions, and duties:
(7) Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government and make recommendations
for their elimination and the observance of high standards of ethics and
efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
Accountability of Public Officers

SECTION 14
The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

SECTION 15
The right of the State to recover properties unlawfully acquired by
public officials or employees, from them or from their nominees or
transferees, shall not be barred by prescription, laches, or estoppel.
Accountability of Public Officers

SECTION 16
No loan, guaranty, or other form of financial accommodation for any
business purpose may be granted, directly or indirectly, by any
government-owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the Cabinet, the
Congress, the Supreme Court, and the Constitutional Commissions, the
Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.
Accountability of Public Officers

SECTION 17
A public officer or employee shall, upon assumption of office and as
often thereafter as may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed forces with general or
flag rank, the declaration shall be disclosed to the public in the manner
provided by law.
Accountability of Public Officers

SECTION 18
Public officers and employees owe the State and this Constitution
allegiance at all times, and any public officer or employee who seeks to
change his citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law.
 References
https://www.officialgazette.gov.ph/constitutions/1987-constitution/

https://lawphilreviewer.wordpress.com/2011/12/20/political-law-
constitutional-law-article-xi/
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